The Supreme Court on Tuesday granted the Haryana government three months to decide whether it wanted to grant sanction to prosecute Ashoka University faculty member Ali Khan Mahmudabad over certain social media comments he made last year on India's cross-border military action, Operation Sindoor.
A Bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi added that Mahmudabad should also show responsibility in his comments, if the State ultimately decides not to give its approval for his prosecution.
"Post this after three months. Let there be instructions on whether as a one time measure, sanction will be waived or not ... Let us see if, as a one time measure, it can be done.. He (Mahmudabad) can also be responsible then," CJI Kant said.
The Court was informed today that the State had not yet given sanction for two of the offences cited against Mahmudabad, which meant that the criminal trial against him could not proceed.
"Chargesheet has been filed. The Court has not taken cognizance. Sanction not received for two offences. Without sanction we cannot proceed," explained Additional Solicitor General (ASG) SV Raju.
He also informed that the sanction request was made as far back as August 22, 2025.
The Court noted that if the State decides to take a lenient view in the matter and not grant the sanction to prosecute, the case concerning Mahmudabad could be closed.
"If competent authority takes a lenient view, then the matter can be closed," CJI Kant observed.
Representing Mahmudabad, Senior Advocate Kapil Sibal, meanwhile maintained that there was nothing to prosecute his client for.
"The court said, (the criminal investigation) cannot go beyond the post written. There is nothing in the matter ... what if they grant sanction..?" he argued.
CJI Kant replied that the Court did not want a situation where any relief granted to Mahmudabad could translate into a license to escalate the situation through more comments on social media.
"We also don't want that as soon as they (State) decide not to grant sanction.. you (Mahmudabad) go and write any damn thing you want. If they show magnanimity, then you also have to be responsible," CJI Kant advised, before eventually adjourning the case by three months.
ASG Raju added that the interim order by which the Court stayed the trial against Mahmudabad can continue, in the meanwhile.
The Court was hearing a plea by Mahmudabad by which he challenged his arrest and sought the quashing of two FIRs registered over his Facebook posts on Operation Sindoor, India's military response to Pakistan amid cross-border tensions following the Pahalgam terror attack of April 22.
In his
Facebook post, Mahmudabad had criticised Pakistan-sponsored terrorism, denounced war and said that all the plaudits received by Colonel Sofiya Qureshi of the Indian Army, who had led India's press briefing on Operation Sindoor, should also reflect on the ground.
In this regard, he said that rightwing supporters in India should speak up against mob lynching as well.
Two FIRs were registered against him over such remarks.
The first case was lodged based on a complaint by one Yogesh Jatheri citing the offences under Sections 196 (promoting hatred), 197 (imputations and assertions prejudicial to national integration), 152 (endangering the sovereignty, unity, and integrity of India), and 299 (culpable homicide) of the Bharatiya Nyaya Sanhita (BNS).
The second FIR followed a complaint by Haryana Women’s Commission Chairperson Renu Bhatia and included charges under Sections 353 (public mischief), 79 (insult to modesty), and 152 of the BNS.
Mahmudabad was then arrested by the Haryana Police and sent to judicial custody.
The investigation into the case was eventually handed over to a Special Investigation Team (SIT) constituted on the Supreme Court's orders after Mahmudabad moved the top court for relief.
The Supreme Court on May 21, 2025, also granted him
interim bail on various conditions.
